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THE HONGKONG GOVERNMENT GAZETTE, 15TH MARCH, 1890.
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4. The expenses of the prosecution of a misdemeanor under this Act shall be de- Expenses of pro- frayed in like manner as in the case of a felony.
secution.
British possessions.
5. If by any law made before or after the passing of this Act by the legislature of Saving for laws of any British possession provisions are made which appear to Her Majesty the Queen to be of the like effect as those contained in this Act, Her Majesty may, by Order in Council, suspend the operation within such British possession of this Act or of any part thereof, so long as such law continues in force there, and no longer, and such order shall have effect as if it were enacted in this Act:
Provided that the suspension of this Act, or of any part thereof, in any British possession shall not extend to the holder of an office under Her Majesty the Queen who is not appointed to that office by the Government of that possession.
The expression "British possession" means any part of Her Majesty's dominions not within the United Kingdom.
6. (1.) This Act shall apply to all acts made offences by this Act when com- mitted in any part of Her Majesty's dominions, or when committed by British officers or subjects elsewhere.
(2.) An offence under this Act, if alleged to have been committed out of the United Kingdom, may be inquired of, heard, and determined, in any competent British court in the place where the offence was committed, or in Her Majesty's High Court of Justice in England or the Central Criminal Court, and the Act of the forty-second year of the reign of King George the Third, chapter eighty-five, shall apply in like manner as if the offence were mentioned in that Act, and the Central Criminal Court as well as the High Court possessed the jurisdiction given by that Act to the Court of King's Bench.
(3.) An offence under this Act shall not be tried by any court of general or quarter sessions, nor by the sheriff court in Scotland, nor by any court out of the United Kingdom which has not jurisdiction to try crimes which involve the greatest punishment allowed by law.
Extent of Act and place of trial of
offence.
(4.) The provisions of the Criminal Law and Procedure (Ireland) Act, 1887, 50 & 51 Vict. c. 20. shall not apply to any trial under the provisions of this Act.
7.1.) A prosecution for an offence against this Act shall not be instituted except Restriction on pro- by or with the consent of the Attorney-General.
means the Attorney or
(2.) In this section the expression "Attorney-General Solicitor General for England; and as respects Scotland, means the Lord Advocate; and as respects Ireland, means the Attorney or Solicitor General for Ireland; and if the prosecution is instituted in any court out of the United Kingdom, means the person who in that court is Attorney-General, or exercises the like functions as the Attorney- General in England.
8. In this Act, unless the context otherwise requires--
Any reference to a place belonging to Her Majesty the Queen includes a place belonging to any department of the Government of the United Kingdom or of any of Her Majesty's possessions, whether the place is or is not actually vested in Her Majesty ;
Expressions referring to communications include any communication, whether in whole or in part, and whether the document, sketch, plan, model, or inform- ation itself or the substance or effect thereof only be communicated ;
The expression "document" includes part of a document;
The expression "model" includes design, pattern, and specimen ;
The expression "sketch" includes any photograph or other mode of representa-
tion of any place or thing;
The expression "office under Her Majesty the Queen," includes any office or em- ployment in or under any department of the Government of the United Kingdom, and so far as regards any document, sketch, plan, model, or inform- ation relating to the naval or military affairs of Her Majesty, includes any office or employment in or under any department of the Government of any of Her Majesty's possessions.
secution.
Interpretations.
9. This Act shall not exempt any person from any proceeding for an offence which Saving. is punishable at common law, or by military or naval law, or under any Act of Parlia- ment other than this Act, so, however, that no person be punished twice for the same offence.
10. This Act may be cited as the Official Secrets Act, 1889.
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